What does the liberty of the press mean, and what are its limits?

1. WHAT HE SAID (the record)

Record ledger

• BELIEF (undated): William Blackstone believed that the liberty of the press consists in the absence of previous restraints upon publications, but not in freedom from censure for criminal matter when published. He argued that while every freeman has the right to express his sentiments, he must take the consequences if his publications are improper, mischievous, or illegal. The limits of the liberty of the press, according to Blackstone, are the necessity to punish dangerous or offensive writings that are adjudged to have a pernicious tendency, in order to preserve peace, good order, government, and religion. [1]
• BELIEF (undated): William Blackstone believed that the liberty of the press should not be restrained by an inspector, and that its limits should be enforced through laws that punish abuse of the press. He argued that restraining the press under the control of an inspector would prevent it from being used for any good purpose. (key quote above) [2]
• ACTION (editor's note) (undated; editor's note, not his words): The editor notes that William Blackstone would fix the theoretical perfection of public law in 1679, after the habeas corpus act was passed and the licensing of the press had expired. "The point of time at which I would choose to fix this theoretical perfection of our public law is in the year 1679, after the habeas corpus act was passed and that for licensing the press had expired" [3]
• ACTION (editor's note) (undated; editor's note, not his words): The issuing of general warrants to apprehend authors, printers, or publishers of seditious or obscene libels without naming specific individuals was declared illegal by a vote of the House of Commons on April 22, 1766, following a court ruling in the case of Money vs. Leach in 1763 that adjudged such warrants void. "the issuing of such general warrants was declared illegal by a vote of the house of commons. Com. Jour. April 22, 1766." [4]
• ACTION (editor's note) (undated; editor's note, not his words): The editor reports that Lord Campbell's Act was passed to better protect private character, more effectively secure the liberty of the press, and better prevent abuses in exercising it. The Act aimed to restrain the publication of libellous matter, even if true, if it was not for the public benefit to publish it and instead caused harm to private feeling and character. "Another is, that effected in the law of libel, especially in newspapers and periodicals, by lord Campbell's act, having for its object the better protection of private character, for the more effectually securing the liberty of the press, and better preventing abuses in exercising it." [5]
• ACTION (editor's note) (undated; editor's note, not his words): The passage reports that the press became properly free in 1694 and has continued so since. It details historical regulation of printing by the crown and subsequent legislative actions until the liberty of the press was finally secured. (key quote above) [6]

What cuts against it

• ACTION (editor's note) (1766): The editor reports that the issuing of general warrants to apprehend authors, printers, or publishers of seditious or obscene libels without naming specific individuals was declared illegal by a vote of the House of Commons on April 22, 1766. This suggests a legal shift toward protecting individuals from arbitrary enforcement, which may imply a broader interpretation of press freedom than Blackstone's own. "the issuing of such general warrants was declared illegal by a vote of the house of commons." [4]

• ACTION (editor's note) (undated): The editor notes that the press became properly free in 1694 and has continued so since. This historical context may suggest a broader interpretation of press freedom than Blackstone's own. (key quote above) [6]

2. HOW IT APPLIES (reasoning; inference is marked)

1. William Blackstone defined the liberty of the press as the absence of previous restraints upon publications, not as freedom from censure for criminal matter when published. [1]

2. He argued that while every freeman has the right to express his sentiments, he must take the consequences if his publications are improper, mischievous, or illegal. [1]

3. The limits of the liberty of the press, according to Blackstone, are the necessity to punish dangerous or offensive writings that are adjudged to have a pernicious tendency, in order to preserve peace, good order, government, and religion. [1]

4. He believed that restraining the press under the control of an inspector would prevent it from being used for any good purpose. [2]

5. The editor notes that the press became properly free in 1694 and has continued so since, suggesting a historical context that may imply a broader interpretation of press freedom than Blackstone's own. [6]

3. HIS TAKE

Record coverage: DIRECT

Extrapolation: William Blackstone believed that the liberty of the press consists in the absence of previous restraints upon publications, but not in freedom from censure for criminal matter when published. He argued that while every freeman has the right to express his sentiments, he must take the consequences if his publications are improper, mischievous, or illegal. The limits of the liberty of the press, according to Blackstone, are the necessity to punish dangerous or offensive writings that are adjudged to have a pernicious tendency, in order to preserve peace, good order, government, and religion.

Competing readings: The editor's notes suggest a broader interpretation of press freedom than Blackstone's own, particularly in the context of historical developments such as the expiration of the licensing of the press in 1679 and the declaration of the illegality of general warrants in 1766. These readings are inferences based on the editor's notes and not directly stated by Blackstone.

Confidence: High, based on the direct statements from Blackstone and the supporting historical context provided by the editor's notes.

OCR: 6 cited passage(s) are machine-read (OCR) text of old printings; quotations reproduce the stored OCR text, misreadings included.

1. WHAT THEY SAID (the record)

Record ledger

• BELIEF (undated): Trenchard and Gordon ('Cato') believe that the liberty of the press is a powerful tool for defending truth and exposing error, and that it is superior to tactics like quibbling, equivocating, and supporting By-ends, Pride, and Hypocrisy. They argue that those who fear the liberty of the press are likely champions of error. (key quote above) [1]
• BELIEF (undated): Trenchard and Gordon ('Cato') believe that the liberty of the press is essential to freedom and reason, and that it should not be restricted, as it is in Turkey and under Papist regimes. They argue that suppressing the press leads to ignorance, slavery, and persecution. They also suggest that in England, the liberty of the press is a sign of freedom and self-judgment, and that those who oppose it are supporting a 'vile and woeful' cause. (key quote above) [2]
• BELIEF (undated): Trenchard and Gordon ('Cato') believe that truth and virtue do not require disguise and that honesty and sincerity should appear 'barefaced' and in 'open Day.' They argue that the liberty of the press is essential for truth and religion, and that it should not be restricted by demands to suppress opposing views, comparing such demands to a lawyer who would not allow the other side to be heard in court. "I confess, that I am not Master enough of my Temper, to avoid Laughter, and Indignation, by Turns, at the noisy Clamours of the High Clergy, against the Freedom of the Age, and the Liberty of the Press; as if Virtue was inconsistent with good Sense, or Truth could suffer by Knowledge, or Religion by a free and thorough Examination." [3]
• BELIEF (undated): Trenchard and Gordon ('Cato') believe that the liberty of the press should not be restrained by the government, as such attempts are unpopular and unjust. They argue that the press is most abused when it is shut up, and that open press, despite its abuses, is preferable. They oppose giving the government the privilege of restraining the press, citing historical abuses by governments who have used such power to suppress opposition. "For the Government, my Zeal is as great as your Lordship's can be, indeed too great to wish it the Odium of restraining the Press; an Attempt very unpopular and unjust. The Press was always most abused when shut up; neither has it ever been, nor can it ever be, so abused when open, though the Abuse from thence too, has been and is very great." [4]
• BELIEF (undated; OCR of an old printing): Trenchard and Gordon ('Cato') believe that the liberty of the press is essential to prevent calumny and expose falsehoods, and that its limits should not be imposed by suppressing truth or by allowing only harmless or non-critical speech. Truth, they argue, is powerful and should not be feared, and that the more notice taken of falsehoods, the more they are published, implying that the press should be free to expose and challenge errors and abuses. "The beft Way to prevent Libels, is not to deferve them, and to defpiie them, and then they always lofe their Force... 'tis fenfelefs to think that any Truth can (lifter by being thoroughly fearch'd, or examin'd into ; or than the Diicovery of it can prejudice right Religion, equal Government, or the Happine(s of Society in anv Refpeft." [5]
• BELIEF (undated; OCR of an old printing): Trenchard and Gordon ('Cato') believed that the liberty of the press is vulnerable to abuse and that discretionary power to judge intent in speech or writing can lead to arbitrary enforcement and subversion of liberty. They argued that language is often ambiguous, and that allowing authorities to interpret intent without clear textual evidence risks abuse of power. [6]
• BELIEF (undated; OCR of an old printing): Trenchard and Gordon ('Cato') believe that the liberty of the press is essential to inform the public and that attempts to regulate or inspect the press are ineffective and counterproductive. They argue that any regulation will only prevent the publication of books authors are willing to defend, while dangerous libels will still circulate secretly and cause more harm. They also suggest that when governments act justly, they have nothing to fear from calumny and falsehood. [7]
• BELIEF (undated; OCR of an old printing): Trenchard and Gordon ('Cato') believed that the liberty of the press should allow all parties to express their opinions equally, and that suppressing one side while allowing the other to speak freely is harmful and oppressive. They argue that such imbalance leads to the extinction of religion, liberty, virtue, and knowledge. "But another Method has been thought orr, in !:h-:f? Wefttrn Parts of the World, much lefs effectual, and yet more mifchievous than the former, namely, to put the Prefs under the Direction af the prevailing Party, and autho-rize Libels on one Side only, and deny the e-ther Side the Opportunity of defending them-felves." [8]
• BELIEF (undated; OCR of an old printing): Trenchard and Gordon ('Cato') believe that the liberty of the press should not allow writers to escape punishment when their words carry a criminal intention through subterfuge or evasion. However, they argue that when words are used in their true and proper sense and understood in their literal and natural meaning, they should not be stretched to imply sedition or criminal intent, as this would undermine free government and liberty. They emphasize that in free states, the benefit of the doubt should be given to the accused when the meaning of words or actions is ambiguous. "But when Words ufed in their true and proper Senfe, and underftocd in their literal and natural Meaning, import nothing that is criminal ; then to (train their genuine Signification to make them intend Sedition, (which pofTibly the Author might intend too) is fuch a Stretch of Difcretionary Power, as mull fubvert all the Principles of free Government, and overturn every Species of Liberty." [9]
• BELIEF (undated; OCR of an old printing): Trenchard and Gordon ('Cato') argue that the liberty of the press is a sign of liberty and a cause for it, and that suppressing it is not the way to escape the virulence of libels. They believe that punishing libels is necessary, but this does not imply suppressing the press. They draw a distinction between the liberty of the press and licentiousness of the press, which they say should be observed by wise men and freemen. "The beft Way to eicape the Virul^ce of Libels, !^ not tod^fgrye them ; but as InnocedOfi it ieif 1^ not fccwe aAaVift the Nfe]jgDity of evil Tqtigueft, it is alio necefiary to punifli them." [10]

What cuts against it

• The contrary-evidence entries are already in the record ledger above: [5], [6].

2. HOW IT APPLIES (reasoning; inference is marked)

1. Trenchard and Gordon ("Cato") define the liberty of the press as a fundamental right essential to truth, reason, and freedom. They argue it is the best defense against error and a sign of a free society. This is supported by their repeated emphasis on the press as a tool for exposing falsehoods and defending truth [1] [2].

2. They argue that the press must be free from government or institutional control, as such control leads to abuse and suppression of opposing views. They cite historical examples where governments used press restrictions to silence dissent [4] [8].

3. They acknowledge that the liberty of the press is not absolute in practice. They suggest that words carrying criminal intent should not be protected, but only when their meaning is clear and unambiguous. This is a key limit they propose [9].

4. They distinguish between the liberty of the press and licentiousness, arguing that the former is a virtue while the latter is a vice. They emphasize that the press should be free to expose falsehoods, but not to spread harmful lies without accountability [10].

5. Their reasoning is based on the principle that truth is self-protecting and that suppressing the press only empowers tyranny. This is an inference from their broader arguments about the relationship between liberty and truth [1] [2].

3. THEIR TAKE

Record coverage: PARTIAL

The record is silent on specific legal definitions of the liberty of the press or precise legislative boundaries for its limits. However, it is clear that Trenchard and Gordon ("Cato") associate the liberty of the press with the defense of truth, the exposure of error, and the prevention of tyranny. They argue that the press should be free from government control and that suppression leads to ignorance and oppression.

Extrapolation: Trenchard and Gordon ("Cato") would likely define the liberty of the press as the right to publish and disseminate information without government interference, provided that the content does not carry clear and unambiguous criminal intent. They would argue that the limits of this liberty should be determined by the clarity of intent and the necessity to punish falsehoods that harm society, but not by suppressing speech or inquiry.

Competing readings: One reading is that they support absolute freedom of the press, as long as it is used to defend truth and expose error. Another reading is that they allow for some limits, particularly when speech is clearly criminal. The record itself supports both readings, as it includes statements about the need to punish libels [10] and the dangers of arbitrary enforcement [6].

Confidence: Moderate. The record provides a strong foundation for their general principles, but the exact limits of the liberty of the press are not clearly defined in the sources. The OCR passages and old editions add some uncertainty, but the core arguments are consistent.

1. WHAT HE SAID (the record)

Record ledger

• BELIEF (undated): John Adams believed that the liberty of the press is a fundamental freedom that should be protected, and he viewed efforts to suppress it as intolerance and despotism. He argued that the Senate's determination to negative all but their own party threatens the freedom of the press, among other freedoms. "It is intolerance! It is despotism! It destroys the freedom of the press! the freedom of elections! the freedom of debate! the freedom of deliberation! the freedom of private judgment!" [1]
• BELIEF (undated): John Adams believed that the liberty of the press is not a proof of liberty and can become an engine of oppression when a people are corrupted. He argued that liberty cannot exist without virtue and independence, and that the press, instead of promoting liberty, can hasten its destruction. (key quote above) [2]
• BELIEF (undated): John Adams believed that the liberty of the press should be equally available to all parties, and he argued that the Tories had not been deprived of it. He also implied that both sides had engaged in licentiousness of the press, suggesting that freedom of the press has limits when it comes to libel and malicious falsehood. "Let us dismiss prejudice and passion, and examine impartially whether the tories have not been chargeable with at least as many libels, as much licentiousness of the press, as the whigs?" [3]
• BELIEF (undated): John Adams believed that the liberty of the press ought not to be restrained. This is shown by his inclusion of Article XVI in the Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts, which explicitly states that the liberty of the press should not be restrained. (key quote above) [4]
• BELIEF (1780-06-02): John Adams believed that the liberty of the press in America was unlimited and that it allowed the people to express their dislikes and criticisms of various officials and institutions without restriction. He argued that the press was a reliable indicator of the true sentiments of the people, as it reflected their criticisms and opinions openly. "There is not in any nation of the world so unlimited a freedom of the press as is now established in every State of America, both by law and practice." [5]
• BELIEF (1780-07-20): John Adams believed that the liberty of the press does not include a right to impose on mankind by political lies and forgeries. He argued that such practices destroy confidence and poison public morals, and that truth is the foundation of liberty and credibility. (key quote above) [6]
• BELIEF (1780-10-04): John Adams believed that the freedom of the press in America was carried to great lengths, and that it was so extensive that there had never been a hint in a newspaper or handbill, nor a single speech or vote in any assembly, for submission or reconciliation to Britain. "the freedom of the press and the freedom of speech are carried to as great lengths in that country as in any under the sun, there has never been a hint in a newspaper, or even in a handbill, nor a single speech or vote in any assembly, that I have heard of, for submission, or even for reconciliation." [7]
• BELIEF (undated): John Adams believes that property (aristocracy) commands the press, and that the press is not exclusively a tool for promoting democracy. He argues that both aristocracy and democracy have not distinguished themselves in promoting science, literature, or the arts, including printing. [8]
• BELIEF (undated): John Adams believed that liberty of the press is essential for preserving liberty and that it should be encouraged, easy, cheap, and safe for any person to communicate their thoughts to the public. He also believed that printers have an important role in publishing the speculations of the curious, implying that the press serves as a means of public information and accountability. "Care has been taken that the art of printing should be encouraged, and that it should be easy and cheap and safe for any person to communicate his thoughts to the public." [9]
• ACTION (editor's note) (undated; editor's note, not his words): The editor's note reports that an article was recommitted by the convention, and a substitute was reported and adopted. The substitute stated: 'XVI. The liberty of the press is essential to the security of freedom in a state; it ought not, therefore, to be restrained in this commonwealth.' "This article was recommitted by the convention, when the following substitute was reported and adopted. Much objection was made to it, among the people, as insufficient:—'XVI. The liberty of the press is essential to the security of freedom in a state; it ought not, therefore, to be restrained in this commonwealth.'" [10]

What cuts against it

• The contrary-evidence entries are already in the record ledger above: [8].

2. HOW IT APPLIES (reasoning; inference is marked)

1. John Adams believed the liberty of the press is essential to liberty and should not be restrained. (key quote above) [4]

2. He argued that the press should be free to communicate thoughts and serve as a check on power. "Care has been taken that the art of printing should be encouraged, and that it should be easy and cheap and safe for any person to communicate his thoughts to the public." [9]

3. However, he also warned that the press can become an engine of oppression when a people are corrupted. "License of the press is no proof of liberty." [2] (inference: this implies a limit to press freedom in the context of moral decay)

4. He rejected the idea that the press includes a right to impose political lies or forgeries. (key quote above) [6]

5. He acknowledged that both political parties could engage in licentiousness, suggesting that the press is not above accountability for libel or malicious falsehood. [3] (inference: this implies limits to press freedom in cases of abuse)

3. HIS TAKE

Record coverage: DIRECT

John Adams addressed the liberty of the press directly, including its importance, its limits, and its potential for abuse.

Extrapolation: John Adams believed the liberty of the press is a foundational right, essential to liberty and accountability, but not absolute. He saw it as a tool for truth and public information, but warned that it could be corrupted into an instrument of oppression or moral decay. He also rejected the idea that the press could be used to deceive the public through forgeries or lies.

Competing readings: One reading is that the press is a sacred right that must be protected at all costs. Another is that it has limits when it comes to truth, virtue, and the public good. The record itself supports both readings, as Adams expressed both views in different contexts.

Confidence: High, based on multiple direct statements and a clear tension in his views.